Legal Opinion

Gannett v. . Schenectady Railway Company

New York Court of Appeals

Decided April 6, 1906PublishedCited by 1 opinion

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1905, affirming a.judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. '

1Opinion of the Court

Judgment reversed and new trial granted, costs to abide event, on the ground that the question of plaintiff’s contributory negligence was one of fact for the jury ; no opinion.

Concur: Cullen, Ch. J., Edwabd T. Babtlett, Haight, Vann and Willabd. Babtlett, JJ. Dissenting: Gbay, J. Not sitting:' Chase, J.

2Cited by1 opinion

  1. Truesdell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1907